End User Terms

Version 2.0, published on 23.05.2025

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DSwiss AG is a company with its place of business at Badenerstrasse 329, 8003 Zurich, Switzerland (“DSwiss”). DSwiss provides software solutions as SaaS Services (“SaaS Services”). SaaS Services are accessible and usable by end users that register with DSwiss for SaaS Services and that purchase these SaaS Services for personal and individual use (“End User”). End Users are differentiated by their own unique email address.
These End User Terms govern the access to, and the use of the SaaS Services made available and operated by DSwiss (“End User Terms”). The following terms apply to all natural persons who access and/or use SaaS Services.
These End User Terms create a legally binding contract between the End User and DSwiss (each a “Party”, and collectively the “Parties”). By accepting these End User Terms the End User confirms that they have read and acknowledged these End User Terms. If the End User does not agree to these End User Terms they agree to refrain from using the SaaS Services.

Every effort has been made to keep the language of these End User Terms simple and comprehensible. However, due to the complexity of the subject matter, certain provisions necessitate legal terminology to ensure precision and clarity.
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1. Using the SaaS Services

1.1 DSwiss grants the End User the right to access and use the SaaS Services provided by DSwiss, which are divided in Product Services and Support Services.

1.2 The Product Services include standard platform-based solutions covering the secure exchange and storage of data (“Product Services”, “Product”).

1.3 The Support Services include knowledge-based services aiding the End User in using the purchased Product Services (“Support Services”, “Support”).

1.4 DSwiss provides SaaS Services to the End Users solely in accordance with these End User Terms for End Users. By clicking the relevant field during the registration process the End User agrees to accept and adhere to these End User Terms.

1.5 DSwiss may provide its Product Services in different packages, which are sold as plans (together with the respective descriptions the “Plan”). Product Services can also be sold as add-ons, which are standalone components of Product Services that can be bought on top of the Plan (together with the respective descriptions the “Add-On”). It is the End Users sole choice which Plan and Add-Ons are purchased.

1.6 Certain Products may have a data inheritance feature integrated that allows End Users to share their data with another natural person (“Data Inheritance”).
Data Inheritance allows a third party to access the data within a Product with the aid of an activation code (“Beneficiary”). The End User alone chooses Beneficiaries by sending them an activation code. The activation code is a code which, when entered on the applicable Product, starts the process of providing access to the Beneficiaries. The End User can change the activation code at anytime and thereby terminate the previous activation code.

1.7 In case the concerned Product allows Data Inheritance, the following terms shall apply: The End User shall instruct its Beneficiaries that they must enter the activation code on the concerned Product in the cases specified by it and thereby start the data inheritance. The End User alone is responsible for ensuring that (i) the Beneficiaries follow their instructions and (ii) the contact information regarding the Beneficiaries is up-to-date and correct. DSwiss is under no obligation to undertake any corresponding investigations. The Beneficiaries are informed that they have 90 days to download the User Generated Content allocated to them or to conclude acontract with DSwiss for their own account. The End User is obliged to ensure that (i) they can provide the Beneficiaries with access to the User Generated Content without violating the rights of third parties or the applicable laws and (ii) the allocation of the User Generated Content to the beneficiaries in the event of their death complies with the relevant provisions of inheritanc elaw.

1.8 DSWISS RESERVES THE RIGHT TO AMEND THESE END USER TERMS AT ANY TIME IN ITS OWN DISCRETION. THE END USER SHALL BE NOTIFIED VIA E-MAIL OR IN ITS END USER ACCOUNT IN THE EVENT OF AN AMENDMENT. THE END USER MUST CONFIRM THESE AMENDED PROVISIONS IN ORDER TO BE IN A POSITION TO ACCES AND USE THE PRODUCT. NON-CONFIRMATION SHALL RESULT IN THE TERMINATION OF THE SAAS SERVICES AND THESE END USER TERMS.

1.9 DSwiss will provide its SaaS Services in accordance with these End User Terms and in a careful manner.

1.10 DSwiss reserves the right to make changes to SaaS Services from time to time, and the End User herewith accepts such changes. These changes may be, but are not limited to, the deprecation of certain features or the implementation and availability of new features. End Users will be notified of substantial changes regarding SaaS Services via e-mail.

1.11 DSwiss will only refund the End User with a pro rata amount if the End User proves substantial impairments caused by the changes to the SaaS Services.
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2. Term

2.1 In the initial purchase of a Plan, the End User will be assigned a term (“Initial Term”). The End User may be able to purchase different Product Services with different Plans each with an individual Initial Term.

2.2 In order to enable the End User to access the SaaS Services without interruption, the purchased Plan will automatically renew for the same originally assigned term (“Renewal Term”) at the end of the Initial Term and every Renewal Term. The End User has the possibility to terminate the Plan or change their term (to the extent the specific Plan or these End User Terms allow the End User to do so) provided that termination occurs at least one day before the start of the next Renewal Term. In case the End User is granted a free trial, the Initial Term to be paid by the End User starts automatically after the expiry of the free trial unless the End User terminated the free trial at least one day before the start of the Initial Term. The End User understands and accepts that these End User Terms are applicable until all SaaS Services have been terminated.

2.3 The End User can terminate the Plan and respective Add-Ons via the platform of the respective Product Service subject to the conditions of these End User Terms. A refund for already paid SaaS Services will not be granted. However, the End User may continue using the respective SaaS Services until the end of the term of the applicable Plan tothe extent already purchased.

2.4 If the End User has subscribed to different Product Services, the End User will have to terminate each Plan of these Product Services individually. Terminating one Plan or Add-On will not terminate other Plans or Add-Ons of another Product automatically. Terminating a Plan of the same Product will terminate the respective Add-Ons of that same Product automatically.

2.5 The End User has the right to upgrade the purchased Plan at any time, provided that the applicable Plan allows a potential upgrade. An upgrade is the change to a superior Plan or the purchase of more Add-Ons in addition to Product Services under the Initial Term or any Renewal Term (“Upgrade Term”). The End User can choose upgrades within the platforms of the respective Product Services. Upgrade Terms are coterminous to respective Initial Term or Renewal Term of the applicable purchased Plans. The End User will be charged a pro rated fee for any Upgrade Terms covering the remaining duration of the applicable Initial Term or Renewal Term.

2.6 The End User has the right to request a downgrade which will be applicable at the end of the applicable Initial Term or Renewal Term. A downgrade is a change to an inferior Product Plan or the removal of Add-Ons from the applicable Initial Term or Renewal Term (“Downgrade Term”). A Downgrade Term is only possible provided that the applicable purchased Plan allows a downgrade and the request for the downgrade by the End User occurs at least one day before the start of the next Renewal Term.
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3. Fees and Billing

3.1 The End User will be invoiced and shall pay a recurring fee for each Plan and/or Add-On they choose for each Initial Term and Renewal Term (“Subscription Fee”). Subscription Fees are recurring fees to be paid in advance for SaaS Services as defined in a Plan and/orAdd-On.

3.2 Certain services may incur additional one-time fees charged by DSwiss, which must be paid in advance by the End User.

3.3 Plan and Add-On details and their respective pricing are visible on DSwiss’ websites or on the respective platforms.

3.4 The End User authorizes DSwiss to initiate a transaction for the payment of the respective Initial Term or Renewal Term. The payment shall be made by the End User on the day of the sign up to the applicable Initial Term, Renewal Term or Upgrade Term.

3.5 If the End User was granted a free trial by DSwiss and such free trial was not terminated by the End User timely in accordance with Section 2.2 above, payment will take place at the first day of the applicable Initial Term.

3.6 If, for any reason, DSwiss is unable to charge the End User due to a failed transaction on the End User’s side (e.g. expired card, insufficient funds), DSwiss reserves the right to initiate automatic retries for the failed transactions. The End User will be notified in such instance that payment has failed. If within 5 (five) days such retries fail, DSwiss reserves the right to temporarily suspend the End User account until the payment has been made. Suspension in this event means the loss of access to the applicable SaaS Services (“Suspension”). During the Suspension period, the End User can contact DSwiss to reactive their account via support channels as set forth in Section 8 below. If within thirty (30) days of the day of Suspension no such payment is made, DSwiss reserves the right to terminate the SaaS Services including the applicable Plan and Add-Ons. Termination in this event means the end of the Subscription Term without the possibility of re-activation of the End User’s account.

3.7 The End User will receive an invoice with all relevant information, such as Subscription Fees and respective term via e-mail for the payment. A receipt of confirmation of such payment will be sent to the e-mail address the End User has signed up with.

3.8 The End User understands that all payments are final and non-refundable unless stated otherwise in these End User Terms.

3.9 The End User is entitled to revoke the SaaS Services within 14 days after the start of an Initial Term. Such withdrawal period starts when the End User receives the invoice issued by DSwiss. Reasons do not need to be given. The deadline is deemed to have been complied with if the written statement of revocation is received within the said 14 days via the support page on the websites of DSwiss. In the event of an effective revocation, the End User is reimbursed the full purchase amount. The support page can be accessed via https://www.dswiss.com/contact.

3.10 The End User understands and accepts that the End User is responsible for all applicable VAT to be paid without any right of set-off or deduction. Prices on websites of DSwiss are depicted including VAT. The End User will be billed for VAT during the checkout process, if applicable.

3.11 DSwiss reserves the right to update the price of SaaS Services at any time in its free discretion, whereas such price changes shall be effective at End User’s next Renewal Term, or, in case a free trial was granted, at the respective Initial Term. DSwiss will notify End User thirty (30) days in advance of such price change via the website and e-mail.

3.12 If the End User does not agree with the price change, they have the option to terminate the applicable Plan in accordance with these End User Terms in order to avoid paying changed Subscription Fees.
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4. End User Account and User Generated Content

4.1 DSwiss will provide the End User with access to the SaaS Services to create an account after the purchase of a SaaS Service according to the applicable Plan.

4.2 The End User shall use their email and a password during the registration process. The End User will be given a login recovery code, which shall be used to restore the account if one of the chosen types of access information is forgotten. Some Products, however, do not provide recovery code.

4.3 The End User retains all rights in uploaded data (“User Generated Content”) and may download, change or delete User Generated Content at any time.

4.4 For the sole purposes of these End User Terms, the End User shall authorize DSwiss to process the User Generated Content in accordance with these End User Terms and the Privacy Policy.

4.5 The End User understands and accepts that DSwiss cannot recover End User accounts if the access information and recovery code are lost.

4.6 If applicable, it is the End User’s sole responsibility and obligation to ensure the correctness of the information regarding the Beneficiaries they have chosen for Data Inheritance.

4.7 If applicable, it is the End Users sole responsibility and obligation to ensure that Beneficiaries are allowed to access the relevant User Generated Content. The End User shall always comply with applicable inheritance laws.

4.8 DSwiss will ensure that End User’s User Generated Content is securely archived and accessible until the termination of the applicable Plan and complies with the obligations set out in in Section 7 below.
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5. Restricted/Prohibited Use

5.1 The End User is not allowed to:

a)   decipher, decompile, reverse engineer, disassemble, reproduce, copy, or otherwise try to access and discover the source code of any software of the Products; and/or

b)   license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, share, or commercially exploit the SaaS Services provided and make the SaaS Services available to other parties that have not agreed to these End User Terms; and/or

c)   use or attempt to use any malicious software to access, acquire or monitor any part of the SaaS Services; and/or

d)   use the SaaS Services and/or software, hardware, or applications connected thereto, and/or use the SaaS Services in a way that could interfere, disrupt the SaaS Services and/or breach DSwiss’ security, integrity, and/or policies; and/or

e)  modify, port, adapt, translate, or create derived work based on SaaS Services by DSwiss to evaluate functionality or performance for competitive purposes or development of similar SaaS Services; and/or

f)   perform actions which may impair the operability of the SaaS Services; and/or

g)   use the SaaS Services in a manner that is unlawful and/or harms DSwiss (including but not limited to the brand of DSwiss); and/or

h)   remove and proprietary notices or labels from the SaaS Services.

5.2 The End User agrees to refrain from using the SaaS Services for any illegal activities, which includes but is not limited to:

a)   unlawful activity; and/or

b)   libelous or obscene behavior; and/or

c)   discriminatory, abusive, or hateful activities; and/or

d)   criminal activity.

5.3 Furthermore, the End User agrees to not engage in activities that support and/or promote political systems that are characterized by authoritarianism, oppression and/or human rights abuses.

5.4 Any breach of this Section by the End User shall deem a reason for a termination for cause as set forth under Section 7 below.
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6. User Management

6.1 Certain Product Services offer the End User the possibility to share the usage of the Product with other natural persons. The End User setting up such shared usage is considered the administrator of the applicable Product Service (“Admin”) and will manage the added users who are entitled to use the applicable Product (“Added Users”).

6.2 Different End Users can be granted with roles which alter their rights of use within the shared Product (“User Management”). The Admin will have access to the User Management interface and will manage the Added Users during the term of the applicable Plan.

6.3 If the Admin sets the shared usage up, the Admin understands that it is their responsibility to read and accept these End User Terms as an End User and Admin.

6.4 The Admin can be changed for as long as the term of the applicable Plan is effective. An Admin is entitled to choose another End User and grant such End User the Admin role at any time in accordance with the instructions provided by DSwiss.

6.5 The Admin will be able to allocate End Users to specific groups with specific roles. It is possible for the Admin to deactivate accounts of End Users if such accounts violate these End User Terms or are not in further use. The End User, if not an Admin, accepts and understands the execution of this right of the applicable Admin.

6.6 The Admin understands that it’s the Admin’s responsibility to comply with and adhere to the these End User Terms.
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7. Suspension and Termination

7.1 DSwiss has the right to terminate the SaaS Services, including but not limited to the applicable Plans and Add-Ons, with immediate effect in writing in the event of:

a) a breach of the End User Terms by the End User;  
b) legal reasons preventing DSwiss from continuing the SaaS Services;  
c) regulatory reason preventing DSwiss from continuing the SaaS Services, or;
d) events that, in DSwiss reasonable opinion, pose significant security risks to the SaaS Services, the infrastructure thereof or the data of other users.

DSwiss will provide a pro rata refund of any unused fees to the End User.

7.2 The End User has the right to terminate the SaaS Services, including but not limited to the applicable Plans and Add-Ons, with immediate effect with written notice in the event of a material breach of these End User Terms by DSwiss. The End User shall be entitled to a pro rata refund of any unused fees in such case. If there is no material breach of these End User Terms by DSwiss, the End User shall not be entitled to a refund.

7.3 Upon termination of the Plan, an Add-On or any other SaaS Services not in accordance with Section 7.1 or 7.2 of these End User Terms, the End User acknowledges that any fees already paid for such Plan, Add-On or other SaaS Services are non-refundable, and DSwiss has no obligation to reimburse them.

7.4 DSwiss is not obliged to have End User’s User Generated Content stored after the termination of the respective Plan. The End User understands and accepts that they are solely responsible for a timely download of all their data before the last day of the ending of the concerned SaaS Services. DSwiss shall not be liable to the End User for lost data if such data has been deleted after a termination of the applicable Plan or the concerned SaaS Services and the End User failed to download such data.

7.5 If the End User violates against these End User Terms or any applicable laws, DSwiss reserves the right to suspend and/or terminate the applicable Plan and/or the SaaS Services provided to the End User with immediate effect.
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8. Support Services

8.1 The End User has access to a knowledge base that aims to aid the End User if help is needed regarding the SaaS Services.

8.2 If the End User needs further support, they can use the form available at the website of DSwiss to request further assistance (“Support Request”). The End User understands that they shall provide all relevant information and contact details to receive assistance.

8.3 DSwiss will use reasonable efforts to respond within at least thirty-six (36) hours to Support Requests sent via the form. Automatic responses are not considered a timely response within the herein stipulated response time. DSwiss is entitled to respond in the form of an email or a telephone call with the purpose to evaluate the necessary steps for a solution. If DSwiss deems it necessary, DSwiss may ask the End User to provide remote access to DSwiss to the End User’s device to assess and determine the appropriate steps for a solution (“Remote Access”).

8.4 DSwiss will make reasonable efforts to notify end users at least twenty-four (24) hours in advance of scheduled maintenance during which the SaaS services will be inaccessible and unusable. Emergency maintenances will be announced as timely as possible under consideration of the severity of the situation.

8.5 The languages in which DSwiss provides support to End Users when answering to Support Requests are English and German. To avoid misunderstandings and delays in responding to Support Requests, End Users need to use one of the herein stipulated agreed support languages. Deviations will likely result in delays.

8.6 Response times or maintenance times apply only during business hours. Business hours are stipulated as working weekdays (Monday-Friday) from 9:00 to 17:00 Zurich time zone (CET), excluding public holidays in the city of Zurich.
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9. Compliance and Data Protection

9.1 Both the End User and DSwiss agree to comply with any and all applicable data protection laws and regulations.

9.2 The personal data provided by the End User in using the SaaS Services is processed in accordance with the Privacy Policy of DSwiss.

9.3 The End User will always have the option to view and edit their personal data uploaded to the Product via their End User account.
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10. Ownership Rights, Property Rights and Rights of Use

10.1 DSwiss is the sole and exclusive owner of all rights, titles, and interests in and to the SaaS Services and any information developed or collected by DSwiss in connection with its performance and operation of the SaaS Services (other than End User’s data), including but not limited to all data, ideas inventions, inferences, discoveries, developments, formats and processes, and all copyrights, patent rights and other intellectual property and proprietary rights therein and thereto.

10.2 Any rights not expressly granted to the End User herein are reserved by DSwiss. All suggestions, enhancement requests, feedback, recommendations or other input provided by End User or any third party relating to SaaS Services shall be owned by DSwiss, and the End User hereby does and shall make all assignments and take all reasonable acts to accomplish the foregoing ownership rights.

10.3 The End User owns all User Generated Content and material originated by the End User that the End User submits or provides during the registration and usage of the SaaS Services.

10.4 The End User shall solely be responsible for the accuracy, quality, content and legality of User Generated Content, the means by which End User’s User Generated Content and other data is acquired and the transfer of the End User’s data outside of the SaaS Services.

10.5 DSwiss acquires no right, title or interest in or to End User’s User Generated Content under these End User Terms except to the limited extent necessary to perform the SaaS Services for the End User which includes the internal use of End User’s data and the provision of End User’s data to other End Users but excludes any provision of End User’s User Generated Content to other third parties unless explicitly provided in Section 9 above.

10.6 Subject to these End User Terms, DSwiss hereby grants to the End User a non-transferable, non-sublicensable and non-exclusive right to access and use the licensed SaaS Services provided by DSwiss according to these End User Terms for the duration of the applicable Plan. A right for a termination for cause as set under Section 7 remains reserved.

10.7 The End User acknowledges that the End User has no entitlement whatsoever to be provided with machine or source codes of the Products.
 

11. Warranties, Liability and Indemnification

11.1 DSwiss warrants to make commercially reasonable efforts to provide the SaaS Services in accordance with the description of SaaS Services as set out in these End User Terms.

11.2 DSwiss warrants that the provision of the SaaS Services will be performed with reasonable care, skill and ability and in accordance with applicable laws and regulations.

11.3 If DSwiss fails to comply with the foregoing warranties and the End User provides DSwiss with written notice of such breach, the End User’s sole remedy and DSwiss’ sole obligation shall be one of the following options, such option being selected by DSwiss in its sole discretion:

a)   to the extent practicable, DSwiss may fix the SaaS Service issues and correct any defect or error, provided that DSwiss agrees that such defect or error is correctable and decreases the operability of the concerned SaaS Services; or

b)   DSwiss may terminate the applicable SaaS Service and issue a refund to the End User for any prepaid Subscription Fees the End User has paid corresponding to the period the SaaS Services were unavailable.

11.4 The End User understands that the foregoing remedies are End User’s sole and exclusive remedies for breaches of warranties according to and in connection with these End User Terms. The End User agrees that the End User shall have no remedy under this Section for claims made after the termination or expiration of the concerned Plan.

11.5 The End User understands that SaaS Services may include software licensed by third parties and that such third parties do not:

a)    provide any guarantees with respect to the SaaS Services; and/or

b)    assume any liability regarding the usage of the SaaS Services; and/or

c)    assume any obligations to provide support or information regarding the SaaS Services.

11.6 WITH THE EXCEPTION OF THE FOREGOING LIMITED WARRANTIES, THE SAAS SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE END USER. WITH THE EXCEPTION OF THE FOREGOING, DSWISS DOES NOT MAKE, EXPRESS, OR IMPLY, AND DISCLAIMS ANY AND ALL WARRANTIES CONNECTED WITH THE SAAS SERVICES.

11.7 DSWISS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES:

A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ERROR-FREE ACCESS TO THE SAAS SERVICES OR USE THEREOF; AND/OR

B) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE SAAS SERVICES; AND/OR

C) THAT THE OPERATION OR USE OF THE SAAS SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; AND/OR

D) THAT THE SAAS SERVICES AND THE DATA GATHERED IN THE CONTEXT OF THE PRODUCT SAAS SERVICES WILL BE FLAWLESS, ACCEPTABLE OR MEET THE END USER’S REQUIREMENTS..

11.8 THE END USER UNDERSTANDS THAT DSWISS OR THIRD PARTIES DSWISS USES FOR ITS SAAS SERVICES DO NOT CONTROL TRANSFERS OF DATA OVER COMMUNICATION FACILITIES, WHICH INCLUDES BUT IS NOT LIMITED TO THE INTERNET, AND THAT SAAS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS ARISING OUT OF SUCH COMMUNICATION FACILITIES. DSWISS DOES NOT PROVIDE ANY WARRANTY FOR DELAYS, DELIVERY FAILURES, OR THE DAMAGE RESULTING FORM SUCH ISSUES.

11.9 THE END USER IS SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING APPROPRIATE EQUIPMENT AS WELL AS AUXILIARY SERVICES WHICH ARE NEEDED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SAAS SERVICES, INCLUDING, WITHOUT LIMITATION, COMPUTERS, COMPUTER OPERATING SYSTEMS, INTERNET ACCESS, AND WEB BROWSERS.

11.10 The End User represents and warrants that the End User has the necessary power and authorization to accept these End User Terms, that the End User Terms are valid, binding and enforceable against and by the End User, the End User’s acceptance of the End User Terms will not violate any law, rule, regulation or any agreement binding the End User and that the End User will comply with all applicable laws, third party rights and provisions of these End User Terms. Moreover, the End User represents and warrants that all documents and information uploaded by them, including but not limited to the User Generated Content, comply with all applicable laws, third party rights and these End User Terms.

11.11 The End User further represents and warrants that:

a)    they will not directly or indirectly provide access to the SaaS Services to any person (including any natural person or government or private entity) that is located in or is a national of any embargoed or highly restricted country under the Swiss laws or the European laws; and

b)    they are not located in, under the control of, or a national or resident of any such country or on any such list.

11.12 UNLESS EXPLICITLY OTHERWISE PROVIDED IN THESE END USER TERMS:

A) THE LIABILITY OF DSWISS UNDER OR IN CONNECTION WITH THE SAAS SERVICES AND/OR THESE END USER TERMS SHALL BE LIMITED TO THE EXTENT POSSIBLE BY THE GOVERNING LAW; AND

B) DSWISS SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT BE LIABLE UNDER OR CONNECTED WITH THESE END USER TERMS, STRICT LIABILITY OR ANY OTHER THEORY.

11.13 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DSWISS SHALL NOT BE LIABLE FOR:

A) ERROR OR INTERRUPTION OF USE OF THE SAAS SERVICES, INACCURACY OR FLAWS OF DATA GATHERED OVER THE SAAS SERVICES OR OTHERWISE IN THE CONTEXT OF THESE END USER TERMS; AND/OR

B) LOSS OF BUSINESS; AND/OR

C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; AND/OR

D) PRODUCTS OR SAAS SERVICES OF THIRD PARTIES; AND/OR

E) FOR ANY MATTER BEYOND DSWISS’ REASONABLE CONTROL.

11.14 DSWISS HAS NO POSSIBILITY TO GAIN INSIGHT IN DATA UPLOADED BY THE END USER AND HAS NO POSSIBILITY TO RESET THE ACCOUNT FOR THE END USER IF THE END USER SHOULD FORGET THE PASSWORD OR THE RECOVERY CODE TO ACCESS THE END USER ACCOUNT. THE END USER IS RESPONSIBLE FOR THE DATA UPLOADED AND AGREES THAT DSWISS WILL NOT BE LIABLE FOR UPLOADED DOCUMENTS, DATA OR LOST ACCOUNTS THAT FALL UNDER THIS SECTION.

11.15 THE END USER IS RESPONSIBLE, REPRESENTS AND WARRANTS THAT THEY DO NOT UPLOAD DATA WHICH VIOLATES APPLICABLE LAWS, THIRD PARTY RIGHTS OR THESE END USER TERMS.

11.16 IF THE END USER VIOLATES SECTION 11.15 ABOVE, THE END USER AGREES TO INDEMNIFY AND HOLD DSWISS FULLY HARMLESS FOR ALL DAMAGES, CLAIMS, RECEIVABLES, COSTS AND LEGAL FEES THAT ARISE OUT OF SUCH VIOLATION.

11.17 DSwiss’ SaaS Services may contain links to other websites, e.g. DSwiss’ helpdesk, which may be hosted by third parties. These websites are not controlled by DSwiss. DSwiss is neither responsible nor liable for contents or security thereof.

11.18 DSWISS CANNOT VIEW AND/OR EDIT DATA UPLOADED BY THE END USER TO THE CONCERNED PRODUCT. DUE TO THE ZERO-KNOWLEDGE-ARCHITECTURE, DSWISS BACKUPS ARE ENCRYPTED IN A WAY THAT NEITHER DSWISS NOR THE END USER CAN RESTORE SUCH BACKUPS UNLESS SPECIFICALLY OTHERWISE PROVIDED IN THESE END USER TERMS. THE END USER HEREBY UNDERSTANDS THAT IF DSWISS IS OBLIGED TO PROVIDE A BACKUP OF DATA, SUCH BACKUP WILL BE ENCRYPTED AND NOT READABLE BY BOTH DSWISS OR THE END USER UNLESS THE PASSWORD OR THE RECOVERY CODE IS AVAILABLE.
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12. Final Provisions

12.1 The End User shall only be entitled to withhold payments or to set off payments against counterclaims if such counterclaims are undisputed or have been adjudicated finally.

12.2 Rights and obligations arising from these End User Terms may only be transferred to third parties with the consent of the other Party. The same applies regarding the transfer of the contractual relationship according to these End User Terms to a third party and the entry of a third party into these End User Terms.

12.3 A Party’s failure to exercise its rights under these End User Terms or the failure to do so in a timely manner shall not result in the forfeit or loss of such rights.

12.4 If one or more provisions of these End User Terms become null and void, the remainder of the End User Terms shall remain unaffected. Provisions that become null and void shall be replaced by provisions that come as close as possible to the economic purpose and the will of the invalid provisions.

12.5 The written form requirement within the meaning of these End User Terms is also satisfied by email unless stated otherwise.

12.6 These End User Terms are governed by Swiss substantive law, to the exclusion of conflict-of-laws rules and international conventions.

12.7 The Parties shall endeavor to settle any dispute, controversy or claim arising out of or in connection with the End User Terms amicably. If they fail to reach a resolution after 90 days, the courts of Zurich, Switzerland shall have exclusive jurisdiction.